A. As to the facts charged in this case of mistake of facts, the Defendant was subject to collective assault from E, G, and H, and committed a little defense act, and there was no assault as stated in the judgment of the court below.

In line with the facts stated in the judgment below, E, G, and H’s statements are inconsistent with each other, and thus, credibility cannot be acknowledged, and even if C’s statements consistent with the Defendant’s assertion are credibility, the court below recognized the credibility of E, G, and H’s statements, and rejected the credibility of C’s statements, thereby convicted the Defendant

Therefore, the judgment of the court below which pronounced guilty against the defendant is erroneous by misunderstanding the facts and affecting the judgment.

B. The sentence imposed by the lower court on the Defendant (a fine of four million won) is too unreasonable.

2. Determination

A. 1) In light of the spirit of the principle of substantial direct examination adopted by the relevant legal principles, the difference between the first instance court and the appellate court’s method of evaluating the credibility of a statement made by a witness of the first instance in light of the contents of the first instance judgment and the evidence duly examined by the first instance court, or, except in exceptional cases where it is clearly deemed that maintaining the first instance court’s decision on the credibility of a statement made by a witness of the first instance court is unreasonable considering the results of the first instance court’s examination and the results of additional evidence examination conducted until the closing of argument in the appellate court, the appellate court shall not reverse without permission the first instance court’s decision on the grounds that the first instance court’s decision on the credibility of a statement made by a witness of the first instance differs from the appellate court’s decision (see, e.g., Supreme Court Decisions 2006Do4994, Nov. 24, 206; 2008Do4314, Jul. 29, 2010).